The Tribunal Procedure (Amendment) Rules 2014

• Citation: S.I. 2014/514
• Sections: 22

Section 1 Citation and commencement

These Rules may be cited as the Tribunal Procedure (Amendment) Rules 2014 and come into force on 6th April 2014.

Section 2 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

The Tribunal Procedure (Upper Tribunal) Rules 2008 are amended as follows.

Section 3 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In the table of contents—

(a) in the entry for rule 26B, after “Financial services cases” insert “and wholesale energy cases”;

(b) in the entry for Schedule 3, after “Financial Services Cases” insert “and Wholesale Energy Cases”.

Section 4 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In rule 1 (interpretation etc), in paragraph (3) —

(a) in paragraph (b) of the definition of “applicant”, after “financial services case” insert “or a wholesale energy case”;

(b) at the end of paragraph (c) of the definition of “financial services case” omit “or”;

(c) in paragraph (c) of the definition of “interested party”, after “financial services case” insert “or a wholesale energy case”;

(d) after paragraph (da) of the definition of “respondent” insert—

(db) in a wholesale energy case, in relation to Great Britain, the Gas and Electricity Markets Authority or, in relation to Northern Ireland, the Northern Ireland Authority for Utility Regulation; or

(e) after the definition of “tribunal”, insert—

“ wholesale energy case ” means a reference to the Upper Tribunal in respect of a decision of—

in relation to Great Britain, the Gas and Electricity Markets Authority under the Electricity and Gas (Market Integrity and Transparency) (Enforcement etc.) Regulations 2013 ; or

in relation to Northern Ireland, the Northern Ireland Authority for Utility Regulation under the Electricity and Gas (Market Integrity and Transparency) (Enforcement etc.) Regulations (Northern Ireland) 2013 ;

Section 5 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In rule 5 (case management powers), after paragraph (6) , insert—

(7) In a wholesale energy case, the Upper Tribunal may direct that the effect of the decision in respect of which the reference has been made is to be suspended pending the determination of the reference.

Section 6 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In rule 10 (orders for costs), in paragraph (3)(e) , after “financial services case” insert “or a wholesale energy case”.

Section 7 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In rule 21 (application to the Upper Tribunal for permission to appeal) —

(a) in paragraph (2)(b), at the end, insert “or has been granted only on limited grounds”;

(b) after paragraph (7) insert—

(8) In this rule, a reference to notice of a refusal of permission to appeal is to be taken to include a reference to notice of a grant of permission to appeal on limited grounds.

Section 8 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In rule 22 (decision in relation to permission to appeal) —

(a) in paragraph (1), after “permission to appeal” insert “or refuses to admit a late application for permission”;

(b) after paragraph (3)(a)(iia), insert—

(iib) the Property Chamber of the First-tier Tribunal;

(c) in paragraph (4)(a), after “permission to appeal”, insert “or refuses to admit a late application for permission”.

Section 9 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In the heading to rule 26B , after “Financial services cases” insert “and wholesale energy cases”.

Section 10 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In rule 26B, after “financial services cases” insert “and wholesale energy cases”.

Section 11 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In rule 30 (decision on permission or summary dismissal, and reconsideration of permission or summary dismissal at a hearing) —

(a) for paragraph (1)(b), substitute—

(b) the reasons for any—

(i) refusal of the application or refusal to admit the late application, or

(ii) limitations or conditions on permission.

(b) for paragraph (3)(a), substitute—

(a) determines an application for permission to bring judicial review proceedings by—

(i) refusing permission or refusing to admit the late application, or

(ii) giving permission on limited grounds or subject to conditions

(c) in paragraph (4A), after “refuses permission to bring immigration judicial review proceedings” insert “or refuses to admit a late application for permission to bring such proceedings”.

Section 12 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In the heading to Schedule 3 after “Financial Services Cases” insert “and Wholesale Energy Cases”.

Section 13 Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

In Schedule 3—

(a) in paragraph 1 (interpretation), in the definition of “reference notice”, after “financial services case” insert “or a wholesale energy case”;

(b) after the definition of “the 2000 Act” insert—

;

“the 2013 Regulations” means the Electricity and Gas (Market Integrity and Transparency) (Enforcement etc.) Regulations 2013;

“the 2013 (NI) Regulations” means the Electricity and Gas (Market Integrity and Transparency) (Enforcement etc.) Regulations (Northern Ireland) 2013.

(c) in paragraph 3 (register of references etc)—

(i) in sub-paragraph (1), after “financial services cases” insert “and wholesale energy cases”;

(ii) in sub-paragraph (3), for the words from “in particular to” to the end, substitute—

in particular to—

(a) any unfairness to the applicant or, except as regards a reference in respect of a decision of the Prudential Regulation Authority, any prejudice to the interests of consumers that might otherwise result;

(b) as regards a reference in respect of a decision of the Financial Conduct Authority, any detriment to the stability of the UK financial system;

(c) as regards a reference in respect of a decision of the Prudential Regulation Authority, any prejudice to the safety and soundness of persons authorised by it, or where section 2C of the 2000 Act applies, any prejudice to securing the appropriate degree of protection for policy holders; or

(d) as regards a reference under the 2013 Regulations or the 2013 (NI) Regulations any detriment to the stability of the wholesale energy market as defined in those Regulations.

(d) in paragraph 7 (exceptions to disclosure), in sub-paragraph (9), at the end insert “or regulation 52(2) of the 2013 Regulations or regulation 51(2) of the 2013 (NI) Regulations”;

(e) in paragraph 9 (references by third parties)—

(i) in sub-paragraph (1), after “2000 Act” insert “, regulation 40 of the 2013 Regulations or regulation 40 of the 2013 (NI) Regulations”;

(ii) in sub-paragraph (2)(a), after “2000 Act” insert “, regulation 40(9) of the 2013 Regulations or regulation 40(9) of the 2013 (NI) Regulations”;

(iii) in sub-paragraph (2)(b), after “2000 Act” insert “, regulation 40(11) of the 2013 Regulations or regulation 40(11) of the 2013 (NI) Regulations”;

(iv) in sub-paragraph (3), after “2000 Act” insert “, regulation 40(11) of the 2013 Regulations or regulation 40(11) of the 2013 (NI) Regulations”;

(v) in sub-paragraph (4), after “2000 Act” insert “, regulation 40(9) or, as the case may be, regulation 40(11) of the 2013 Regulations, or regulation 40(9) or, as the case may be, regulation 40(11) of the 2013 (NI) Regulations”.

Section 14 Amendments to the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010

The Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 are amended as follows.

Section 15 Amendments to the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010

In rule 21(2) (application to the Tribunal for permission to appeal), after “permission to appeal” at the third place where those words appear, insert “, or sent notice that permission has been granted only on limited grounds,”.

Section 16 Amendments to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008

The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 are amended as follows.

Section 17 Amendments to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008

In rule 32 (procedure in mental health cases) , after paragraph (8), insert—

(9) The responsible authority must make records relating to the detention or treatment of the patient and any after-care services available to the Tribunal on request and the Tribunal or an appropriate member of the Tribunal may, before or at the hearing, examine and take notes and copies of such records for use in connection with the proceedings.

Section 18 Amendments to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008

For rule 34 (medical examination of the patient), substitute—

(34)

(1) Where paragraph (2) applies, an appropriate member of the Tribunal must, so far as practicable, examine the patient in order to form an opinion of the patient’s mental condition, and may do so in private.

(2) This paragraph applies—

(a) in proceedings under section 66(1)(a) of the Mental Health Act 1983 (application in respect of an admission for assessment), unless the Tribunal is satisfied that the patient does not want such an examination;

(b) in any other case, if the patient or the patient’s representative has informed the Tribunal in writing, not less than 14 days before the hearing, that—

(i) the patient; or

(ii) if the patient lacks the capacity to make such a decision, the patient’s representative,

wishes there to be such an examination; or

(c) if the Tribunal has directed that there be such an examination.

Section 19 Amendments to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008

In rule 37 (time and place of hearings), in paragraph (4), for “14 days” substitute “21 days”.

Section 20 Amendments to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008

In rule 39 (hearings in a party’s absence), for paragraph (2) substitute—

(2) The Tribunal may not proceed with a hearing that the patient has failed to attend unless the Tribunal is satisfied that—

(a) the patient—

(i) has decided not to attend the hearing; or

(ii) is unable to attend the hearing for reasons of ill health; and

(b) an examination under rule 34 (medical examination of the patient)—

(i) has been carried out; or

(ii) is impractical or unnecessary.

Section 21 Amendments to the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008

The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 are amended as follows.

Section 22 Amendments to the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008

In rule 22 (cases in which notice of appeal is sent to the Tribunal) , in paragraph (6) omit “or (aa)” in both places.